WealthEngine, Inc. Data Use Terms

 

The following are the use terms associated with WealthEngine Data: [“WealthEngine Data” refers to all WealthEngine data, information, and analysis that is provided by WealthEngine, Inc. to the Client. “Client” refers to entity, all its users, and agents]. 

 

  1. Restrictions Applicable to WealthEngine Data. 
    1. Client will use WealthEngine Data: (i) in compliance with all applicable federal and state laws, rules, and regulations, including, but not limited to, those laws and regulations regarding telemarketing, customer solicitation (including fax advertising, wireless advertising and e-mail solicitation), data protection, and privacy; (ii) in compliance with all applicable privacy policies, ethical use and Fair Information Practices published by the Direct Marketing Association (“DMA”); and (iii) in good taste in accordance with generally recognized standards of high integrity.  Client’s marketing materials will be devoid of reference to any selection criteria or presumed knowledge concerning the intended recipient of such solicitation (i.e. the advertisement should not explicitly say why someone was selected for that advertisement), or the source of the recipient’s name and address. 
    2. WealthEngine is not a consumer reporting agency. Client shall not use WealthEngine Data as a factor in establishing an individual’s creditworthiness or eligibility for credit, insurance, for any credit repair services, or for any employment purposes. 
    3. Client shall not use WealthEngine Data any for discriminatory purposes.  Client shall not use any WealthEngine Data to advertise, sell, or exchange any products or services relating to illegal or illicit activities, including, without limitation, sexual products or services, drug products or services, pornographic materials, or weapons.
    4. Client shall not use WealthEngine Data to support activities that directly or indirectly promote or support discrimination, hate, or violence. 
    5. All marketing materials shall be devoid of any deceptive material or practices: it should always be clear what is being offered, who is offering, and not otherwise misleading or deceptive.   In all cases, the attributes used to select consumers to send marketing materials shall be appropriate, and reasonable given the legitimate goals of the marketing materials. 
    6. Client  shall not use any WealthEngine Data: (i) to develop, publish or maintain any directory, or other similar product; (ii) to permit access to WealthEngine Data  by individuals incarcerated in prisons or correctional institutions; (iii) in a manner that may cause emotional or physical harm to anyone, or to "stalk" or otherwise harass another person; 
    7. Federal, state and local political contributions (“Political Data”) shall not be used as the source data to create a list or as the sole data input for developing any direct marketing program.  Client’s use of Political Data presumes that Client has already identified a source list and that the Political Data is being added as an additional element to Client ’s pre-existing list.  Client is responsible for its compliance with the use restrictions applicable to Federal Election Commission (“FEC”) data.
    8. WealthEngine Data may be seeded to detect any unauthorized use or duplication thereof. Client will not remove such seeds.  
    9. Use of the National Technical Service Death Master File must be in compliance with applicable law, including, 15 CFR §1110.2 and the requirements of section 6103(p)(4) of the Internal Revenue Code of 1986.  Client acknowledges that failure to comply with the preceding sentence may result in penalties of $1000 each disclosure or use, up to a maximum of $250,000.00 in penalties per calendar year.  
    10. NCOA. In the event Client orders a National Change of Address (“NCOA”) and Delivery Sequence File (“DSF”), Client agrees that the sole permitted utilization of NCOA is to process address lists that will be submitted to USPS for acceptance and delivery. Client acknowledges and agrees that Client must satisfy any USPS minimums and execute the forms required by USPS, prior to accessing the applicable service. Client warrants that it is an entity located or operating within the United States and that it will only use the applicable mailing list(s) for mailing to addresses located within the United States
    11. Client agrees to furnish WealthEngine, if requested, two (2) copies of each mail piece and/or telemarketing script using information derived from the WealthEngine Data. 
  2. Consumer Inquiries/Consumer Care. Client shall be responsible for accepting and responding to any communication initiated by a consumer (“Consumer Inquiries”) arising out of Client’s use of WealthEngine Data. Client agrees that it will provide “in house” suppression to consumers, upon request by a consumer, from future marketing initiatives by Client and agrees to honor any such request by suppressing such consumer information from Client’s marketing solicitations. No reference to WealthEngine or the Data Owners in written or oral communication to a consumer or in scripts used by Client in responding to Consumer Inquiries shall be made without WealthEngine’s and the Data Suppliers’ prior written approval. “Data Owners” refers to WealthEngine’s suppliers/third party data sources and data licensors.  
  3. Consumer Elections / Privacy Policy. Client agrees to honor consumers’ elections not to receive marketing solicitations from Client and in the event that Client does not honor such consumers’ choice not to receive marketing solicitations, WealthEngine and the Data Owner may cease delivery of the WealthEngine Data and/or services. Client acknowledges that neither WealthEngine nor Data Owner guarantees that the names or telephone numbers of all such consumers have been flagged or removed from the WealthEngine Data supplied to Client hereunder. Client further represents that if Client is telemarketing in a state that requires registration, Client has registered in the applicable state. Client acknowledges that it is Client’s sole responsibility to ensure that the most current suppression information has been applied to its files before such files are used for marketing. Client has and will maintain a privacy policy as required by applicable law and that (i) provides consumers a point of contact (e.g., website, telephone number or address) where a consumer may opt-out of any marketing or advertising communications from the Client; and (ii) explains the Client’s active or passive collection, use and transfer of personally identifiable or anonymous data related to a consumer or a user.
  4. Suppression; Suppressed Data
    1. Except as may be required by applicable law, Client shall not use in any way any data contained in any suppression database(s) or of any individual or entity that has unsubscribed from receiving future solicitations. Client will also immediately refrain from use of information covered by an individual’s election to unsubscribe. Client shall honor all individuals’ request, send directly to Client, or forwarded by WealthEngine, to opt-out of the further commercial messages. Client shall honor all individuals’ elections, in any form, not to receive marketing communications.  
    2. Before using any WealthEngine Data for marketing communications, it is solely Client’s responsibility to ensure that the most current legally required suppression processing (using the most current FTC DNC suppression data) has been applied to Client data and WealthEngine Data. 
  5. Use of Email. Any email communication from Client will contain an opt-out provision (if applicable including a link to Client ’s opt-out landing page), identify Client and provide Client’s valid physical address, and clearly express the intent of the email communication. Every individual who opts out shall be unsubscribed as soon as practicable by Client , but in no event more than ten (10) business days from receipt of the request. If Client  provides WealthEngine with a list and requests an email append service, Client   warrants that Client is authorized to utilize the Client  data for such purpose and that the Client’s provision of Client  data for an email append service does not violate any Client agreements and any applicable laws, rules, and regulations, including but not limited to Client’s published privacy policies or notice and disclosure statements
  6. Use of Phone Numbers
    1. If Client orders from the FTC its “Do Not Call” suppression files, Client may be required to register with the FTC and Federal Communications Commission Do Not Call (“FTC DNC”).  Client represents and warrants that all Client  entities shall be properly registered with the FTC, if required by law. If requested by WealthEngine, Client will provide their subscriber account number as proof of registration. Client  agrees to defend, indemnify, and hold WealthEngine and its Data Vendors harmless for any claims, demands, judgments, liability, damages, losses, costs and expenses, including reasonable attorneys' fees, arising out of a Client ’s failure to properly register and maintain as current the appropriate state and/or FTC registration; failure to properly qualify as an exempt entity, if asserted; and Client ’s or a Client ’s unauthorized or unlawful use of the FTC DNC results processing services or related flags. If a Client claims exemption from the requirement to register with the FTC, Client represents and warrants that exemption is justified under the provisions of the rules and regulations of the FCC, the FTC, and/or other applicable governing agency.  
    2. If Client orders suppression flag lists from WealthEngine, please note that due to the varying time frames that suppression files are released to the general public, WealthEngine and Data Owners cannot guarantee that the names or telephone numbers of all consumers who have opted-out of receiving marketing materials have been flagged on the suppression list provided by WealthEngine. Therefore, Client shall solely be responsible for applying the most recent available suppression information from government authorities, before sending out any marketing communications.  If Client is requesting the restricted telephone number list, a separate waiver form signed by Client will be required. 
  7. Requirements regarding use of WealthEngine Data may change with changes in applicable laws and/or with change in requirements placed upon the use of the WealthEngine Data by the Data Owners. Client shall strictly comply with all restrictions and requirements now or hereafter imposed upon WealthEngine by any Data Owner and made known to Client in writing.   




Last Updated February 2020